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Real Estate
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July 30, 2025
Housing Groups Want $30M Grant Case Kept In District Court
A coalition of housing advocacy groups challenging the termination of $30 million in federal antidiscrimination grants asked the First Circuit on Wednesday to let the Massachusetts federal district court keep jurisdiction over the case, if only to keep it alive long enough to figure out next steps.
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July 30, 2025
CoStar Claims Zillow Stole Copyrighted Property Photos
CoStar Group Inc. and CoStar Realty Information Inc. alleged Wednesday in New York federal court that property listings giant Zillow stole and profited off of more than 46,000 of CoStar's copyrighted real estate photos.
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July 30, 2025
RealPage, Landlords Ask To Toss NJ's Antitrust Case
RealPage and a group of building owners urged a New Jersey federal court to toss a case brought by state enforcers accusing them of scheming to use software to raise rents, calling it one in a series of "baseless" lawsuits that fails to allege there was any kind of conspiracy.
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July 30, 2025
Ore. Clarifies Info Disclosure For Enterprise Zone Tax Breaks
Oregon specified which of a business's records are exempt from disclosure when applying for an enterprise zone property tax exemption and clarified eligibility requirements under a bill signed by the governor.
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July 30, 2025
Landlords Not Covered For Lead Exposure Suit, Insurer Says
An insurer has no duty to defend or indemnify property owners accused of negligently renting out an apartment with hazardous levels of lead that injured a child, the carrier told an Illinois federal court, saying the owners' policy bars coverage for bodily injury caused by lead.
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July 30, 2025
Calif. Residents Urge Justices To Take Up Jury Trial Question
A group of Humboldt County, California, property owners is urging the U.S. Supreme Court to take up the group's appeal over the dismissal of its Seventh Amendment claim for a jury trial in a suit against the county alleging the county wrongly targeted the owners for illegal cannabis growth, saying the justices should reject the county's argument that the question is not ripe.
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July 29, 2025
Airbnb Says Slim Odds Of Shooting Don't Create Tort 'Duty'
The chances of being shot at one of Airbnb's short-term rentals are only slightly greater than the odds of being struck by lightning, so the company could not foresee or be held responsible for events like a 2022 mass shooting at a Pittsburgh rental, counsel for Airbnb told a Pennsylvania judge Tuesday during an oral argument.
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July 29, 2025
11th Circ. Upholds Toss Of Sea Island Clean Water Act Suit
The Eleventh Circuit has affirmed the toss of a suit filed against Georgia's Sea Island resort for allegedly misleading the Army Corps of Engineers about a wetlands filling project, finding that the resident and environmental groups who filed the suit failed to show a wetland on the property satisfied the test for "waters of the United States."
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July 29, 2025
REIT Shareholders File 'Improper Lending' Suit Against Execs
Two Arbor Realty Trust Inc. shareholders hit several of the real estate investment trust's executives, including its president and CEO Ivan Kaufman, with a derivative suit on Tuesday alleging they made the REIT use "improper lending practices" that saddled the company "with a severely distressed loan portfolio."
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July 29, 2025
No Coverage For $2.5M Herbicide Damage Row, Court Says
An AIG unit has no duty to cover an air services company in a contractor's lawsuit alleging that its aerial application of herbicides caused $2.5 million in expenses to fix grass damage, a New York federal court ruled Tuesday, finding no coverage under both of the company's policies.
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July 29, 2025
Brokerage Owner Says NAR Dues Policy Hurts Competition
The owner of a Modesto, California, residential sales brokerage urged a California federal court to not toss his antitrust suit challenging dues created by the National Association of Realtors and enforced by affiliated Realtor associations, arguing that he has Article III standing for his claims and that he was significantly harmed by the dues policy.
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July 29, 2025
Insurer Says Misrepresentations Void Real Estate Co.'s Policy
Material misrepresentations in a commercial real estate firm's insurance renewal application mean the insurer has no duty to defend the firm or a former director against a $6.5 million claim related to the sale of a client's properties, the insurer told an Indiana federal court.
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July 29, 2025
Whitman Breed Says $6.5M Lease Current Despite Atty Exits
A member of Connecticut law firm Whitman Breed Abbott & Morgan LLC on Tuesday testified that all payments are current under a $6.5 million lease governing its Greenwich headquarters, disputing a landlord's bid for a $3.8 million asset freeze to ensure future payments amid a wave of attorney exits.
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July 29, 2025
Calif. Allows Retroactive Tax Exclusion For Solar Property
California will allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill signed by Gov. Gavin Newsom.
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July 28, 2025
Apache Women Look To Block Arizona Site's Destruction
A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.
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July 28, 2025
EXp Holdings Accused Of 'Bad Faith Inaction' In Del. Suit
An attorney for stockholders of real estate brokerage eXp World Holdings Inc. told Delaware's chancellor Monday the company's response to long-running sexual assault allegations was an example of "bad faith inaction" rather than good faith responses.
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July 28, 2025
Rocket Cos. Investor Ends Fraud Suit After Class Cert. Denial
A pension fund that had previously attempted to lead a suit in Michigan federal court against Rocket Companies Inc. has agreed to drop all its claims in the shareholder litigation accusing the mortgage business of concealing a downturn in loan volume.
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July 28, 2025
LuxUrban Investor Suit Over Post-IPO Business Trimmed
A New York federal judge trimmed a shareholder class action accusing LuxUrban Hotels Inc. and two of its executives of misleading investors about the company's financial reporting and partnerships with other property owners, saying investors have not adequately alleged that the executives knew about the misstated financials.
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July 28, 2025
CREXi Wants CoStar's Copyright Claims To Wait
Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.
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July 28, 2025
Redfin Settles Patent Claims After Being Cleared At Trial
Real estate brokerage firm Redfin and its supplier Matterport Inc. each have reached a settlement with Surefield — the new company of Redfin's former CEO — to end a patent infringement case in which Redfin was cleared of a $66 million damages request by a Texas federal jury and to resolve Matterport's declaratory judgment action in Washington.
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July 28, 2025
Judge Denies Tulsa Co. Bid To Pause Tribal Jurisdiction Case
An Oklahoma federal court judge won't pause a dispute between the Muscogee (Creek) Nation and Tulsa County's sheriff and district attorney over criminal jurisdiction, saying the suit can continue despite a pending U.S. Supreme Court petition that could moot the litigation.
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July 28, 2025
Co-Owner Of Georgia Aparments Files Ch. 11 With $25M Debt
MMRE Management-Patriot Place LLC — the minority owner of an apartment complex in Georgia — has sought Chapter 11 protection in a New York bankruptcy court, saying it purchased the property at an inflated price and the apartments have faced mismanagement and foreclosure.
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July 28, 2025
Insurer Must Cover Runoff Settlement, Auto Co. Says
An automobile auction company told a Texas federal court that a Liberty Mutual unit must indemnify a settlement reached over underlying claims that the company caused storm water runoff in neighboring properties when it cleared several parcels of land for car and machinery storage.
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July 28, 2025
Mass. Planning Group Looks To Bar AFSCME Union Petition
A publicly funded regional planning entity in Massachusetts has asked a judge to deem it is not a public employer, seeking to head off further efforts by the American Federation of State, County and Municipal Employees to organize the group's workers.
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July 28, 2025
Neb. Tax Board Backs Assessment Of Vacant Commercial Lots
A Nebraska county correctly valued three vacant commercial lots at a combined $540,000, despite the owners' claim that the parcels were purchased for a fraction of that amount, the state Tax Equalization and Review Commission said.
Expert Analysis
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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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Addressing Tariff Price Escalation In Construction Contracts
As construction projects across the U.S. face uncertainty surrounding material price increases driven by government-imposed tariffs, owners and developers should draft strong contracts to protect themselves from tariff-related cost overruns and delays, say attorneys at Akerman.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Contractor Remedies Amid Overhaul Of Federal Spending
Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.